Copyright & OER

The WCC Library is happy to provide information and resources to faculty wishing to incorporate copyrighted or openly licensed materials into their classes. You can ask for a consultation on fair use or schedule an instruction session for your class, department, or research group.

Consultation is available at the library. Stop by anytime or book an appointment with Rowena.

Education Exemptions - the Basics

"It's OK because it's educational"

Sorta.

The Copyright Act includes numerous exceptions that permit you to use a copy-protected work without seeking prior permission; however you should never assume blanket permission.

The Face-to-Face Classroom Exception

The Classroom Exception permits you to display or perform copy-protected works as part of your classroom instruction. The work must be related to your instruction.

The Online Classroom Exceptions (AKA the TEACH Act)

The TEACH Act provides a similar but not identical exception for instruction in the online environment.

There are some limitations to the TEACH ACT such as:

Your display of 'dramatic works' must be only 'limited portions'. Note neither of those terms are defined.

Textbooks, workbooks and other required materials should not be posted (cannot be posted as a substitute for purchase)

Works produced specifically for online education may not be included.

Fair Use Simplified

Only the courts can definitively decide whether a use if 'Fair' or 'Infringing' which can be frustrating and confusing if you are looking for a simple yes/no answer. However, there are ways to minimize your risk.

For example, ask yourself is if your use is 'Transformative' in nature by documenting your responses to:

Has the material you have taken from the original work been transformed by adding new expression or meaning?

Was value added to the original by creating new information, new aesthetics, new insights, and understandings?

Additional, you may want to evaluate your use against the same factors that the courts use (note, there are no bright lines or deminimus uses that are 'safe').

the purpose and character of your use

the nature of the work your are using

the amount and substantiality you are using

the effect of your use on the market for the original

In other words, you need to think about what you are using, how much you are using, and whether your use is hurting the value of the work.

Please understand that Fair Use is not a checklist nor is it a vote where the majority of factors rules. Fair use is about striking a balance that permits use for the public good that does not do too much harm to the creator of the original work.

You can document your decision (highly recommended) using this tool. Maintaining your own records can assist you in the event of a dispute.